SHREWSBURY, N.J., Sept. 12 /PRNewswire-USNewswire/ -- The following is
a statement issued by Harold Cassidy, on behalf of Rosa Acuna:

FROM: HAROLD CASSIDY, ON BEHALF OF ROSA ACUNA

RE: TODAY'S DECISION OF THE NEW JERSEY SUPREME COURT IN ACUNA V. TURKISH

Today's opinion is a stunning and surprising, although temporary,
defeat for Mrs. Acuna and the women of New Jersey. The opinion represents a
significant departure, in our judgment, from existing principles of the New
Jersey law of informed consent.

I have spoken with Mrs. Acuna today on a number of occasions. The
disappointing decision has deepened her resolve and she has instructed me
to file a petition in the United States Supreme Court. It is our judgment
that the New Jersey law, as now construed by the New Jersey Supreme Court
presents a clear equal protection violation of Mrs. Acuna's rights, and a
misunderstanding and misapplication of the opinions of the United States
Supreme Court's decisions as cited in today's opinion

The Plaintiff contended throughout the history of this case that the
well recognized duty of the physician to disclose the facts about the
nature of the procedure which a reasonable patient would want to know
required presentation of the evidence of those facts to a jury. Plaintiff
contended, with the support of compelling factual evidence, that a
reasonable patient would want to know what was being evacuated during the
abortion procedure. Two of the most important U.S. Supreme Court cases have
expressly acknowledged that such information is material to a woman's
decision.

It is also well settled that an obstetrician has a duty to a child in
utero. Encompassed in that duty is the obligation that the physician
disclose to the child in utero the impact a procedure will have on the
child. That duty is discharged by disclosing to a pregnant mother the
precise impact a procedure would have upon her unborn child. The mother
makes the decision for both herself and her child. In Mrs. Acuna's case,
the doctor admitted that he denied that Mrs. Acuna's unborn child was even
in existence. Today's decision singles out women attempting to make a
decision of whether to submit to an abortion, as the one exception to this
duty to disclose. This exclusion from protection from the law is especially
egregious in light of the fundamental rights involved in her decision
making process.

Millions of women across this nation have made the same complaint as
Mrs. Acuna: that they are given false and misleading factual information
about what is evacuated in the abortion procedure. They suffer profoundly
when they learn, as Mrs. Acuna did, the truth after it is too late. For
them, they have lost something of great value, which was dismissed as mere
tissue.

There is no question, and there can be no credible dispute, that the
procedure performed upon Mrs. Acuna terminated the life of a member of the
species Homo sapiens. Mrs. Acuna, and other pregnant mothers in her
circumstance, are entitled to know that fact before they make a decision
for themselves of whether or not to submit to the procedure.

This simple biological fact should not be confused with the separate
question of whether or not Mrs. Acuna would personally place any special
value on the life of that member of the species under all her
circumstances. Advising Mrs. Acuna that he was evacuating nothing but "mere
tissue" (or some blood) strips Mrs. Acuna of her own authority and ability
to make an informed decision for herself. This is so because she was
deprived of the opportunity to make a reasoned and informed decision
because she was not given the biological facts essential for her to make
that decision in a truly informed way.

The language employed in Roe v. Wade by the U.S. Supreme Court -
concerning "when life begins" - continues to confound and confuse even the
most sophisticated inferior courts. Perhaps, it is now time for that Court
to correct that language. In 1992, in Planned Parenthood v. Casey, the U.S.
Supreme Court acknowledged that the Roe decision may not have been
completely correct, and stated that the Court did not see how the errors of
Roe v. Wade would result in Court determinations that adversely affected
the liberty rights of women.

Acuna v. Turkish is now Exhibit A to be presented to that Court which
shows what devastating damage is done to the rights of the women of our
state because of the loose reasoning and the use of loose language employed
in that case. Many women of our state are losing their children and their
constitutionally protected interest in their relationship with their
children in abortion procedures they would not have had if they were told
truthful biological facts. Such injustices do not advance the rights of
women. They destroy them.

There is no public policy that justifies the destruction of the
mother's fundamental rights only because abortion providers prefer not to
make disclosures which are necessary for an informed decision. We must be
more concerned about the fundamental rights of women than the delicate
sensibilities of the physicians charged with the duty to preserve their
interests.

The argument advanced by the Defendants in this case portrays women as
weak and unintelligent. They portray the women as being too weak to be
given truthful, factual information before the decision is made because
they presume to think the woman could not make a reasoned decision for
herself, if given information which is disturbing to the physician. Their
arguments portray the women as being incapable of ultimately learning the
truth after the abortion procedure is performed. As the United States
Supreme Court has acknowledged on two separate occasions, when subsequent
events lead to the woman realizing the truth, it is predictable that she
will suffer devastating psychological consequences as the result of being
mislead about such an important decision.

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